Section 20-359
§ 20-359 Definitions. Whenever used in this subchapter the following
terms shall mean:
1. "Public dance hall." Any room, place or space in the city in which
dancing is carried on and to which the public may gain admission, either
with or without the payment of a fee.
2. "Public dance or ball." Any dance or ball of any nature or
description to which the public may gain admission.
3. "Cabaret." Any room, place or space in the city in which any
musical entertainment, singing, dancing or other form of amusement is
permitted in connection with the restaurant business or the business of
directly or indirectly selling to the public food or drink, except
eating or drinking places, which provide incidental musical
entertainment, without dancing, either by mechanical devices, or by not
more than three persons.
4. "Catering establishment." Any room, place or space in the city,
which is used, leased or hired out in the business of serving food or
beverages for a particular function, occasion or event, to which the
public is not invited or admitted and wherein music or entertainment is
permitted.
5. "Person." An individual, corporation, club, partnership,
association, society or any other organized group of persons, and shall
include officers, directors and trustees of a corporation, club,
association or society.
6. "Employee." A person employed in any capacity or title in
connection with a cabaret or public dance hall, including the licensee
and any and all persons responsible for the control or management
thereof. It shall also include a concessionaire and each person employed
by such concessionaire.
7. "Security guard." A person as defined by subdivision six of section
eighty-nine-f of the general business law. There shall be a rebuttable
presumption that a person employed or whose services are retained at a
public dance hall or cabaret whose job functions include (1) the
monitoring or guarding of the entrance or exit of such public dance hall
or cabaret to manage ingress and egress to such public dance hall or
cabaret for security purposes during the hours of operation of such
establishment and/or (2) protection of such public dance hall or cabaret
from disorderly or other unlawful conduct by such patrons is a security
guard, provided, however, that such rebuttable presumption shall not
apply to the owner of the public dance hall or cabaret.
Section 20-360
§ 20-360 Licenses and fingerprinting. a. It shall be unlawful for any
person to conduct, maintain or operate, or engage in the business of
conducting, maintaining or operating, a public dance hall, cabaret or
catering establishment unless the premises wherein the same is
conducted, maintained or operated are licensed in the manner prescribed
herein.
b. A membership corporation, club, association or society which
permits musical entertainment, singing, dancing or other form of
amusement in premises wherein food or drink is directly or indirectly
sold to its members, or their guests, or to the public, shall be deemed
to be conducting a cabaret hereunder.
c. A steamship or boat moored or tied to a dock, pier or shore, and
which contains a dance hall or cabaret in use while so moored or tied,
shall be required to obtain such license.
d. All applicants for licenses required by the provisions of this
subchapter and holders of concessions on premises requiring such license
shall be fingerprinted. If the applicant is a partnership, all members
of the partnership shall be fingerprinted. Except in the discretion of
the commissioner, if the applicant is a corporation, club, association,
society or other organized groups of persons, all officers, directors,
stockholders and other persons entitled to a share of the income or
profits shall be fingerprinted. If the applicant for a cabaret license
is the proprietor of a hotel containing more than two hundred rooms,
only an officer or manager of the hotel filing the application shall be
fingerprinted.
Section 20-360.1
§ 20-360.1 Security guards in public dance halls or cabarets. a. It
shall be a violation of this subchapter for any person to conduct,
maintain or operate a public dance hall or cabaret that employs or
retains the services of one or more security guards without complying
with the provisions of article 7-A of the general business law.
b. A public dance hall or cabaret that employs or retains the services
of one or more security guards shall maintain and make available during
all hours of operation, in accordance with rules promulgated by the
department, proof that each such security guard is validly registered
pursuant to article 7-A of the general business law.
c. A public dance hall or cabaret shall maintain a roster of all
security guards working at any given time when such public dance hall or
cabaret is open to the public, and shall require each security guard to
maintain on his or her person proof of registration at all times when on
the premises.
d. The enforcement agency shall report any violation of the provisions
of this section to the state liquor authority if the licensee holds a
license pursuant to the alcoholic beverage control law.
Section 20-360.2.
§ 20-360.2. Additional security measures for cabarets and public dance
halls. a. No one shall operate a cabaret or public dance hall unless all
entrances and exits used by patrons are equipped with digital video
surveillance cameras, provided, however, that this section shall not
apply to an establishment that operates primarily as a restaurant, as
defined by section three of the alcoholic beverage control law, during
all hours of operation.
b. Digital video surveillance systems shall comply with the following
provisions and with the rules of the commissioner:
1. The video surveillance cameras shall be digital in nature and shall
be of sufficient number, type, placement and location to view and record
all activity in front of and within 15 feet of either side of each
entrance or exit;
2. The video surveillance cameras shall be sufficiently light
sensitive and provide sufficient image resolution (supported by
additional lighting if necessary) to produce easily discernible images
recorded at all times;
3. The video surveillance cameras shall record at a minimum speed of
fifteen frames per second;
4. The video surveillance camera images shall be capable of being
viewed through use of appropriate technology, including but not limited
to a computer screen or closed circuit television monitor;
5. The video surveillance camera system shall be capable of
transferring the recorded images to a portable form of media, including
but not limited to compact disc or digital video disc;
6. The video surveillance cameras shall not have an audio capability;
7. The video surveillance cameras shall be maintained in good working
condition;
8. Except as otherwise provided by rule, the video surveillance
cameras shall be in operation and recording continuously during all
hours of operation of the cabaret or public dance hall and for two hours
after the cabaret or public dance hall closes;
9. The recordings made by video surveillance cameras installed and
maintained pursuant to this section shall be indexed by dates and times
and preserved for a minimum of thirty days so that they may be made
available to the department, the police department and other government
agencies acting in furtherance of a criminal investigation or a civil or
administrative law enforcement purpose;
10. All recordings made by video surveillance cameras installed and
maintained pursuant to this section while in the possession of the
cabaret or public dance hall shall be stored in a locked receptacle
located in a controlled access area, to which only authorized personnel
have access, or shall otherwise be secured so that only authorized
personnel may access such video recordings. All personnel authorized to
access such video recordings must certify in writing that they have been
informed on the appropriate use and retention of recordings as set forth
in this section, and on the legal issues associated with video
surveillance and the use and retention of recordings. The cabaret or
public dance hall shall keep a log of all instances of requests for,
access to, dissemination and use of, recorded materials made by video
surveillance cameras installed and maintained pursuant to this section.
Copies of the certifications by authorized employees and of the access
log shall be provided to the department in accordance with its rules;
11. The use or dissemination of recordings made by video surveillance
cameras installed and maintained pursuant to this section in violation
of the penal law or section 50 of the civil rights law shall result in
suspension or revocation of a license and a fine of not less than $5,000
nor more than $50,000; and
12. The cabaret or public dance hall shall post signage at appropriate
locations, as determined by rule of the commissioner, to notify the
public of its use of video surveillance equipment and the locations of
video surveillance equipment so that the public has sufficient warning
that surveillance is in operation.
c. Each person subject to the provisions of this section shall submit,
or ensure the submission of, a report to the department within thirty
days after the effective date of this section, or, in the case of a new
cabaret or public dance hall, within thirty days after the establishment
of such cabaret or public dance hall. Such report shall certify that the
cabaret or public dance hall is in compliance with this section. Reports
filed pursuant to this subdivision shall be submitted in such form and
manner and containing such information as shall be provided by rule of
the commissioner.
d. The department shall conduct periodic inspections of licensees to
ensure compliance with the use and retention policies set forth in this
section.
e. The commissioner may suspend or revoke a cabaret or public dance
hall license if the licensee violates the requirements of this section
and, in addition, shall impose a fine of $1,000 for each violation of
paragraphs nine, ten or twelve of subdivision (b) of this section, and
any additional penalties and fines as required by paragraph eleven of
subdivision (b) of this section.
Section 20-361
§ 20-361 Issuance and renewal of license. a. The commissioner may
refuse to issue or renew a license to an applicant only upon the
occurrence of any one or more of the following conditions:
1. the applicant, licensee, its officers, principals, directors and
stockholders owning more than ten percent of the outstanding stock of
the corporation have not submitted complete and accurate information
required by the department in connection with:
(a) an application for a license or renewal thereof;
(b) an application for the approval of a change of ownership;
(c) the furnishing of a record of convictions for offenses as provided
in paragraph five of this subdivision;
(d) the furnishing of financial information and records by the
applicant, licensee, its officers, principals, directors and
stockholders owning more than ten percent of the outstanding stock of
the corporation concerning the source of funds used or intended to be
used in the operation of the licensed business and the amount of total
funds each such individual has invested in the business;
2. the premises on or in which the licensed business is to be
conducted have not been certified as in compliance with the health,
fire, buildings, zoning and water, gas and electricity safety
requirements and standards established by the laws of the city and state
of New York or any other governmental authority having jurisdiction
thereof;
3. with respect to a new license application for the premises on or in
which the licensed business is to be conducted, there is no current
certificate of occupancy to operate a public dance hall, cabaret or
catering establishment;
4. the applicant, licensee, its officers, principals, directors and
stockholders have not complied with the regulations of the department
applicable thereto;
5. the applicant, licensee, its officers, principals, directors and
stockholders owning more than ten percent of the outstanding stock of
the corporation have been convicted of:
(a) any of the following offenses and there is a relationship between
the offense and the conduct of a public dance hall, cabaret or catering
establishment:
(i) an offense within article two hundred of the penal law relating to
bribery involving public servants;
(ii) a felony within article two hundred ten of the penal law relating
to perjury;
(iii) an offense within article two hundred thirty of the penal law
relating to prostitution offenses;
(iv) an offense within article two hundred forty-five of the penal law
relating to offenses against public sensibilities;
(v) an offense within section 260.20 of the penal law relating to
unlawfully dealing with a child;
(b) any other offense which is a felony under the laws of this state
or a crime committed in violation of the laws of any other jurisdiction
which if committed in this state would be a felony;
(c) any offense which is a misdemeanor involving the premises on or in
which the licensed business is to be conducted.
6. the applicant, licensee, its officers, principals, directors and
stockholders owning more than ten percent of the outstanding stock of
the corporation have suffered or permitted the premises on or in which
the licensed business is to be conducted, through improper or inadequate
maintenance and supervision, to be used for the commission of any of the
offenses set forth in paragraph five of this subdivision;
7. the applicant, its officers, principals, directors, stockholders
owning more than ten percent of the outstanding stock of the corporation
and employees thereof at the premises on which the licensed business is
to be conducted have at least three times been proven to be in violation
of the provisions of subchapter one of chapter five of this title of
this code or of any regulations promulgated thereunder.
(b) The commissioner shall not issue or renew a license if the
applicant, licensee, its officers, principals, directors and
stockholders owning more than ten percent of the outstanding stock of
the corporation have not paid, within the time permitted by law, any
fine, penalty or judgment duly imposed in connection with or arising
from the use, occupation or operation of the premises on which the
licensed business is to be conducted.
(e) Each applicant and licensee shall notify the department in writing
by registered mail, return receipt requested, within three business days
of receipt of notice of service of a summons for a violation relating to
the operation of the business licensed or to be licensed or to the
premises on or in which the business licensed or to be licensed is to be
conducted and of a conviction for any offense set forth in paragraph
five of subdivision a of this section occurring after the filing date of
the application for a license or a renewal thereof or occurring during
the term of the license.
(f) In the manner prescribed in rule three hundred eighteen of the
civil practice law and rules, each applicant or licensee shall designate
an agent, a substitute agent and a successor agent for receiving service
of process and communications from this department located within the
city of New York. Proof of such designation shall be filed with the
license application at the department.
Section 20-362
§ 20-362 Exemptions. This subchapter shall not apply to:
a. Premises owned, occupied and used exclusively by a membership
corporation, club, society or association, provided such membership
corporation, club, society or association was in actual existence prior
to January first, nineteen hundred twenty-six.
b. Premises owned, occupied and used exclusively by a religious,
charitable, eleemosynary or educational corporation or institution.
c. Premises licensed pursuant to subchapters one and three of this
chapter.
Section 20-363
§ 20-363 Fees. a. The license herein prescribed shall be issued by the
commissioner. Application for such license shall be made on a form
containing such information as may be determined by the commissioner,
and shall be certified to by the applicant. The fee for each cabaret or
public dance hall license shall be as follows:
Capacity Fee
Up to and including 74 persons............................$300
75 to 299 persons..........................................400
300 to 599 persons.........................................455
600 or more persons........................................500
for each year or fraction thereof. The fee for each catering establish-
ment shall be as follows:
Up to and including 74 persons............................$200
75 to 299 persons..........................................270
300 to 599 persons.........................................400
600 or more persons........................................535
for each year or fraction thereof.
b. If additional rooms are to be used independently by the same
applicant in the same premises as a public dance hall, cabaret or
catering establishment, the applicant shall indicate on the application
the location of each and every room or space which is to be used for
such purpose. In such cases a separate license shall be required for
each such additional independent room or space, and the fee for each
such independent additional room or space shall be sixty dollars.
c. A partial fee in an amount equal to one-third of the applicable
license fee shall be paid upon filing of an application for a license
herein prescribed, in order to defray the cost of processing the
application and shall not be refundable. The processing fee shall be
applied against the fee to be paid for the issuance of such license as
provided herein.
Section 20-364
§ 20-364 Posting of license. Each license issued hereunder shall be
kept posted at the main entrance of every place licensed hereunder.
Section 20-365
§ 20-365 License not transferable. No license issued under the
provisions of this subchapter shall be transferred or assigned to any
person, or used by any person other than the licensee to whom it was
issued, nor shall such license be used on any location other than the
location stated in such license.
Section 20-366
§ 20-366 Changes in corporate licenses. If, during the term of the
licensing period, one or more directors, stockholders or officers of a
corporate license, is substituted or added, such substituted or added
directors, stockholders or officers shall, within five days of such
substitution or addition, file with the commissioner an application for
an approval of the change of directors, stockholders or officers on such
forms as are prescribed by the commissioner. A waiver of this provision
may be granted in the discretion of the commissioner to any corporation
with regard to stockholders holding less than ten percent of the issued
stock.
Section 20-367
§ 20-367 Places closed to public within certain hours. Premises
licensed hereunder shall not be kept open for business, nor shall the
public be permitted to enter or to remain therein, between four ante
meridian and eight ante meridian; and if the occupant is a membership
corporation, club, association, or society, its members or their guests
shall not be permitted to enter or to remain therein between such hours.
The commissioner, in his or her discretion, may permit any premises
licensed hereunder to be open to the public between such hours on
special occasions. If it appears to the commissioner that the place for
which a license is sought will be frequented by minors, or if there is
in the opinion of the commissioner any other good and sufficient reason
therefor, he or she may grant a license upon the condition that the
licensed premises shall not be open for business between one ante
meridian and eight ante meridian.
Section 20-368
§ 20-368 Rules and regulations. a. The commissioner is authorized to
adopt such reasonable rules and regulations as he or she may deem
necessary for the proper control, operation, and supervision of public
dance halls, cabarets and catering establishments.
b. Upon request of a patron or guest of a public dance hall or
cabaret, such patron or guest shall be furnished with a clearly printed
menu or other written list that itemizes the prices charged for food and
drink sold before he or she is served, or, in the alternative, one or
more signs reciting such itemized prices may be placed in conspicuous
locations within the premises so as to be readily observable to all
patrons and guests.
Section 20-369
§ 20-369 Suspension and revocation of license. a. The commissioner may
suspend or revoke a license for conduct of the licensee, its officers,
principals, directors, agents or employees or in a closely held
corporation, stockholders that would constitute grounds for denying the
issuance of renewal of a license pursuant to section 20-361 of this
code.
b. The commissioner may suspend or revoke a cabaret or public dance
hall license if the licensee violates the requirements of section
20-360.1 of this subchapter, provided, however, that the commissioner
shall suspend or revoke a cabaret or public dance hall license upon the
third violation by the licensee within two years of the first violation.
c. Upon application to the commissioner and prior to the reinstatement
or reissuance of a suspended or revoked license, the licensee, with the
commissioner's approval, shall, upon payment of the fee as specified in
section 20-362 of this code, be permitted to operate for six months on a
probationary license. At the end of such six month period, the license
shall be reinstated or reissued unless the commissioner finds that the
licensee, its officers, principals, directors, agents or employees or,
in a closely held corporation, stockholders, have engaged in conduct
that would constitute grounds for denying the issuance or renewal of a
license pursuant to section 20-361 of this code. Upon a finding of such
conduct the probationary license shall be revoked and shall not be
reissued for a period of one year.
Section 20-370.
§ 20-370. Independent monitoring required. The commissioner may, with
the consent of the licensee, require in lieu of suspension or revocation
of a license pursuant to section 20-369 of this code upon the grounds
delineated in sections 20-361, 20-360.1 or 20-360.2 of this code, or as
a condition of license renewal upon the occurrence of one or more of the
conditions provided in section 20-361 of this code, that the licensee
enter into a contract with an independent monitor approved or selected
by the police commissioner. Such contract, the cost of which shall be
paid by the licensee, shall provide that the monitor review the
activities of the licensee with respect to the licensee's compliance
with the provisions of this subchapter, other applicable federal, state
and local laws and such other matters as the department shall determine
by rule, and shall recommend to the licensee steps it can take and
practices it can implement to ensure compliance with such provisions,
rules and laws, which may include, but need not be limited to, the use
of identification scanners at all entrances and additional training for
employees concerning safety issues, conflict management and/or laws and
liabilities associated with the illegal service of alcoholic beverages.
The contract shall provide further that the monitor report the findings
of such monitoring, including the extent to which the cabaret or public
dance hall has complied with the monitor's recommendations, to the
department and to the police commissioner on a regular basis, as
determined by rule of the commissioner.
Section 20-370.1.
§ 20-370.1. Reporting by the department regarding monitoring
contracts. The department shall submit to the city council on an annual
basis a report listing all monitoring contracts entered into pursuant to
section 20-370 of the administrative code of the city of New York, which
report shall include: (1) the reason for each monitoring agreement; (2)
the length of the initial monitoring period in each monitoring
agreement; and (3) the length of any extension of a monitoring agreement
and the reasons for such extension.
Section 20-370.2.
§ 20-370.2. Reporting by licensees of substantiated violations against
cabarets and public dance halls. Licensees who are convicted or
otherwise found liable for violation of any of the provisions of
sections 20-361, 20-360.1 or 20-360.2 that would constitute grounds for
denying the issuance or renewal of a license shall within ten days of
such conviction or finding report such conviction or finding to the
department in a form and manner and containing such information as shall
be provided by rule of the commissioner.